Club 65º / 57º Experience
San Francisco LifeStyle Magazine
Each quarter, coinciding with the new issue of 65˚/57˚ magazine, one Club 65º member will win a unique and extraordinary lifestyle experience. This 65º/57º experience will begin with dinner at Enzos Ristorante Italiano in Carmel-by-the-Sea. A one night stay at the Scarlet Huntington in San Francisco, with transportation provided by My Black Car. Finish your experience off with a case of Mana Wine to continue your 65º lifestyle at home.
To become a member of this San Francisco lifestyle magazine, simply go to 65mag.com/the-club and register.
Contest Rules & Disclaimer
GENERAL ABBREVIATED LEGAL DISCLAIMER:
NO PURCHASE NECESSARY. Begins on May 23, 2016 & ends on July 13, 2016 at 11:59:59 pm PT. Open to legal United States residents residing in the 50 United States/DC who are 21+ years of age. See Official Rules here for prize description/restrictions and complete details. Void where prohibited.
Club 65 2016 Spring Issue: Live the Experience, Lifestyle Experience Contest: OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules ("Official Rules") below.
1. DESCRIPTION: The First Club 65 Live the Experience, Spring 2016 (the “Contest”) begins on or about 5/23/16 and ends on 7/13/16 at 11:59:59 pm Pacific Time (“PT”) (the “Contest Period”). Sponsored by 65/57 Degree Magazine.
The first Club 65 experience will begin at Albatross Ridge tasting room in Carmel-by-the-Sea for a tasting for up to four people with Winemaker Garrett Bowlus. The winner will then be transported by My Black Car to Albatross Ridge’s 25-acre vineyard, located on a beautiful ridge in Carmel Valley. At the vineyard, they will enjoy a private meal prepared by Soerke Peters, Executive Chef at Basil Seasonal Dining. The winner will then go home with a complimentary case of Albatross Ridge wine to continue the 65 lifestyle at home.
2. ELIGIBILITY: The Contest is open only to legal residents of the fifty (50) United States and Washington, D.C., who are physically located and residing therein and who are at least twenty-one (21) years of age at the time of entry (the “Entrants”). Entrants must have electronically registered for Club 65 and must be the rightful owner (or have authorized use) of the email address identified in the Entrant's completed entry form. Employees, owners, shareholders, officers and directors of Sponsor and Administrator (collectively, the “Contest Entities”), and each of their respective parent companies, affiliates, divisions, subsidiaries, agents, representatives, promotion and advertising agencies together with the immediate family members and/or those living in the same household of such persons (collectively, “Household Members”), are not eligible to participate in the Contest.
3. HOW TO ENTER: Eligible individuals, the Entrant, must provide his/her full name, email address and zip code and affirmatively accept the Official Rules to receive one (1) entry into the Contest. ELIGIBLE ENTRANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Contest constitutes Entrant's understanding of, full and unconditional agreement to, and acceptance of these Official Rules. Sponsor has the right to change the Contest Period, and all other dates or deadlines set in connection with this Contest, at any time and in its sole discretion and notice of any such change will be posted on the Contest Homepage www.65mag.com.
4. ODDS: Odds of winning depend on the number of eligible entries received during the Contest Period.
5. WINNER SELECTION AND NOTIFICATION: At the conclusion of the Contest Period, a potential winner will be selected in a random drawing conducted by the Administrator from among all eligible entries received. The potential winner will be notified on or about 7/15/2016 at the email address associated with the entry. Each potential winner will be required to respond (as directed) to the notification within three (3) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize and selection of another potential winner.
6. PRIZES: The First 65 experience will begin at Albatross Ridge tasting room in Carmel-by-the-Sea for a tasting for up to four people with Winemaker Garrett Bowlus. The winner will then be transported by My Black Car to Albatross Ridge’s 25-acre vineyard, located on a beautiful ridge in Carmel Valley. At the vineyard, they will enjoy a private meal prepared by Soerke Peters, Executive Chef at Basil Seasonal Dining. The winner will then go home with a complimentary case of Albatross Ridge wine to continue the 65 lifestyle at home. Approximate Retail Value “ARV” $2,300.00 . No travel accommodations or transportation of any type will be provided. No prize substitution or cash alternative is allowed except at the sole discretion of Sponsor. If the lifestyle experience is cancelled or becomes unavailable for any reason, Sponsor reserves the right to substitute a prize of comparable or greater value, in its sole discretion. All prizes are awarded as-is without warranty of any kind. All prize details are at the sole discretion of the Sponsor. Prize winner cannot assign or transfer the prize claim to another person. The stated ARV of the prize is based on available information provided to Sponsor. The ARV of any prize is subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the prize is awarded or redeemed. Any difference between the ARV stated herein and the ARV of the prize awarded shall not be provided to the winner. No refunds or credit for changes are allowed. All federal, state and local taxes, if applicable, and any other costs and expenses, associated with the receipt or use of the prize are the sole responsibility of the winner. Other restrictions may apply.
7. CONDITIONS OF PARTICIPATION/RELEASES: By participating, each Entrant agrees to be bound by these Official Contest Rules and the decisions of the Contest Entities, which shall be final in all respects. Each Entrant (including each potential winner and each winner) hereby releases the Contest Entities and each of their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, dealerships, dealership associations and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the "Released Parties") from any and all actions, claims, injuries, death, losses or damages arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of a prize. Winner hereby grants to the Contest Entities the irrevocable, royalty-free right and license to use his/her photo, video, name, voice, likeness, biographical data or information, city and state of residence and entry materials in advertising, marketing, programming, research or promotional activities, worldwide in perpetuity, and on a winner's list, if applicable, without further compensation unless prohibited by law. Winner may be asked to participate in select publicity activities, as determined at the sole discretion of the Contest Entities. Contest Entities are not obligated to use any of the above mentioned information or publicity materials, but may do so and may edit such information or materials, at Contest Entities’ sole discretion, without further obligation or compensation. The Released Parties shall not be liable for: (i) any injuries, losses, liabilities or damages of any kind including personal injury or death caused by the prize or resulting from acceptance, possession or use of a prize including participation in any activity or travel related thereto, or from participation in the Contest; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) late, lost, delayed, stolen, misdirected, postage-due, incomplete, unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (v) any inability of winner to accept or use any prize (or portion thereof) for any reason and any prize or portion thereof that winner is unable to accept or use shall be forfeited; or (vi) any printing, typographical, human administrative or technological errors in any materials or activities associated with the Contest. Contest Entities disclaim any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. Contest Entities reserve the right, in their sole discretion, to cancel, modify or suspend the Contest (or any portion of the Contest) at any time for any reason or should a virus, bug, computer problem, unauthorized intervention, extenuating circumstance or other problem/cause corrupt or inhibit the administration, security or proper play of the Contest and, in such situation, will select the winner from eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by the Contest Entities. Contest Entities may prohibit Entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines Entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair practices or intending to annoy, abuse, threaten or harass any other Entrants or Contest Entities representatives. ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, CONTEST ENTITIES RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY AWARD AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO THOUSAND THREE HUNDRED DOLLARS ($2,300.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND 3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
8. INDEMNITY: Each Entrant (including each potential winner and each winner) shall indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, actions, liability, loss, injury or expense, including reasonable attorneys’ fees and costs, arising out of or in connection with: (a) participation in the Contest; (b) a breach or allegation which if true would constitute a breach of any of the representations, warranties or obligations herein; and (c) acceptance, possession, grant, or use of any prize, including without limitation, personal injury, death and property damage arising therefrom except for those caused by the sole negligence of one or more of the Released Parties .
9. GOVERNING LAW: Any and all disputes, claims and causes of action arising out of, or connected with, this Contest, including without limitation, any alleged violation of these Official Rules, any controversy relating to the arbitrability of any dispute, or any claim that the Contest, or any part thereof, is invalid, illegal or otherwise voidable (or void), shall be resolved exclusively by arbitration to be held solely in Monterey County, California under the auspices of the American Arbitration Association and pursuant to its Commercial Dispute Resolution Rules and Procedures. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that either party fails to appear at any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall an Entrant seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of this Contest.
All issues and questions concerning the construction, validity, interpretation and enforceability of this Contest, or the rights and obligations of Entrants and Contest Entities, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.